What to expect as a character witness, and how to do a good job?

April 11, 2015 10:22 PM

I've agreed to be a character witness for a friend who has been accused of a crime. I feel that I can honestly attest to the good character of the friend but I am nervous about what exactly this is going to entail. What will the experience be like? What sort of questions will I be asked? Are there any general dos and don'ts when acting in this role?

My friend's lawyer does have my information and I assume we will talk, but for now I want to make sure I am working to be prepared as possible even well ahead of time. The crime in question is alleged domestic violence in the wake of a breakup of an unmarried couple and the state is Pennsylvania.

posted by anonymous to Law & Government (4 answers total)

I commend you for your loyalty to your friend, but I am not sure I would have agreed to do this. You realise that this will only become relevant if/when he is found guilty of the crime?

Different jurisdiction here, so this may not apply but it might be possible to see letters written by others in court transcripts - they are often quoted in news reports about the case, so unless the reporters use shorthand, there must be some process of releasing them. Normally here they come from bigwigs - priests, politicians, prominent business people etc, if you are 'only' a friend, not sure whether that would carry much weight. Unless you are female (given what I understand/infer are the circumstances)?
posted by GeeEmm at 5:03 AM on April 12, 2015

IANYL. In general, in US courts, the only thing you're allowed to testify to as a character witness is the defendant's reputation in the community. I assume, since this is a domestic violence case, that you'll be testifying to his reputation for being non-violent or something similar. It is highly unlikely that you'll be asked any questions about specific instances of good things he did and so on. Most likely, you'll be asked how you know him and for how long, and then you'll be asked about his reputation.

This does not, in fact, become relevant only after he's found guilty; it will be part of the defense case-in-chief (I.e., the evidence they put on as part of their defense, if they do put on a defense).

As for dos and don'ts, take your cues from your friend's counsel, but the only ones that I would give are the ones I'd give to any witness: behave as though you have respect for the proceedings. For example, don' try to use humor or sarcasm even if you're nervous or you even if you genuinely think something is funny (you'd be surprised how many witnesses do this).
posted by holborne at 6:21 AM on April 12, 2015 [4 favorites]

I did this recently for a friend, and beforehand the lawyer went over things in enough detail to put me at ease. I was not free to say whatever I wanted, I was asked specific questions by her lawyer, and then by the opposing lawyer. Talk to your friend's lawyer to get details, they should ask you a bunch of questions first, to get a sense of what you are likely to say.
posted by Joh at 3:24 PM on April 12, 2015 [1 favorite]

I've done this too. Make sure your friend's attorney prepares you about the goal of your testimony and what they are planning to ask you. When the other attorney questions you, if they are asking about parts of your friend's life you don't have experience with or aren't qualified to talk about, it's ok to say that you don't feel qualified to answer the question.
posted by mjcon at 3:32 PM on April 12, 2015 [1 favorite]